Proposed Treasury regulations require all 403(b) sponsoring organizations to have a written plan document in place. In anticipation of this new plan document requirement, our nationally known industry experts have created a 403(b) Prototype formatted plan document.

Our nationally known industry experts have created a variety of Volume Submitter 403(b) plans with extensive flexibility to fit the needs of most 403(b) plan providers.

We offer five different adoption agreements (with three separate basic plan documents).

A “comprehensive” ERISA/non-ERISA adoption agreement which may be used for any 403(b) arrangement other than a 403(b)(9) retirement income account (RIA) plan, which is designed for certain church plans. The IRS requires that the RIA have a separate adoption agreement and basic plan document (discussed below).

A non-ERISA church adoption agreement. This adoption agreement is based on the comprehensive adoption agreement except all provisions that are not applicable to a non-electing (i.e., non-ERISA) church plan have been removed.

A non-ERISA governmental adoption agreement. This adoption agreement is based on the comprehensive adoption agreement except all provisions that are not applicable to a governmental plan have been removed.

A non-ERISA deferral-only adoption agreement. This adoption agreement is designed as a non-ERISA adoption agreement that only permits elective deferrals. It can be used by a tax-exempt entity that wants to fall within the ERISA safe harbor exemption as well any other entity that only permits elective deferrals.

A 403(b)(9) Retirement Income Account adoption agreement. This adoption agreement and basic plan document may only be used by churches. The IRS does not permit any church-affiliated organizations to use this plan, such as qualified church controlled organizations (QCCOs) because of compliance issues should an employer go from QCCO to non-QCCO status. The plan may not be adopted by non-QCCOs because the regulations prohibit non-QCCOs from maintaining an RIA plan.

In addition to the plan documents, we offer a plan maintenance program (PMP) that includes future IRS-required language modifications, restatements, and expert consulting support on the use of the document.